Domestic Violence act, 2005.
1) Intro -“Where women are honored; there resides the gods!” on the one hand, we glorifies the picture of celebrating women hood from our past, but the present day the evil of domestic violence has become the most fear factor to the women.
2) Meaning - The definition of Domestic violence is given under section 2 of the said Act.which includes –Economic,Physical,Sexual,Emotional,Verbal Abuse.
3) History - Prior to this Act, Sec. 304B, and Sec. 498Abwas the remedy available against the violence against women, but due to changing time the structure of families changed, And the evil of the domestic violence arised.
4) Some features,-
* The Domestic Violence Act contains- 5 Chapters and 37 Sections
* The definition of “Aggrieved Women” not only covers the wife, but also every other women.
* The Act also provides a post of “ Protection Officer” & a Naval Agency called as “Service Provider” i.e. NGO’s;
* A “Resident Order” or “Protection order”can be passed by the court of law.
* Breach of such shall be considered as cognizable as well as non bailable offence and punishment is imprisonment of 1 year. and fine up to Rs.20,000/-
5) International conventions-
* The said act is outcome of Vienna Accord of 1994.
* In 1945, The United Nation Charter,
* In 1967, The Declaration on the Elimination of Discrimination Against Women
* In 1994 the Vienna Accord
* In 1995, The Beijing Declaration
* On 18th Dec. 1979, The United Nations Committee Convention on Elimination of all forms of Discrimination Against Women [CEDAW
6) Role of judiciary- It’s indeed truth, that no definition can guarantee relief, no matter how implicit it is. Because the judge is the one who can always find his own way around it. And the Indian judiciary has adopted a neutral approach on the implementation of Domestic Violence Act and case to case consideration is preferred, which is quite beneficial for...